House File 2346 - Introduced HOUSE FILE 2346 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2093) A BILL FOR An Act requiring vehicle identification information to be 1 provided in a no-contact or protective order, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5367HV (2) 89 th/ns
H.F. 2346 Section 1. Section 664A.2, subsection 2, Code 2022, is 1 amended to read as follows: 2 2. A protective order issued in a civil proceeding shall 3 be issued pursuant to chapter 232 , 235F , 236 , 236A , 598 , or 4 915 . A respondent identified in a protective order shall 5 comply with section 664A.3A. Punishment for a A violation of 6 a protective order shall be imposed is punishable pursuant to 7 section 664A.7 . 8 Sec. 2. NEW SECTION . 664A.3A Vehicle identification 9 information required. 10 1. A no-contact order issued pursuant to section 664A.3 11 or a protective order issued as described in section 664A.2, 12 subsection 2, shall include the identification information 13 regarding any vehicle the defendant or respondent owns or 14 operates, including but not limited to a vehicle the defendant 15 or respondent operates in the regular course of the defendant’s 16 or respondent’s employment or occupation and a vehicle owned 17 by or registered to another person in the defendant’s or 18 respondent’s household. 19 2. a. The defendant or respondent shall file the 20 identification information with the clerk of court within 21 ten days after receiving service of the no-contact order or 22 protective order. The clerk of court shall notify the court if 23 the identification information is not timely filed. 24 b. Following the initial filing under paragraph “a” , the 25 defendant or respondent shall provide to the clerk of court any 26 new or updated identification information within five business 27 days of the change in identification information occurring. 28 3. A defendant or respondent who fails to timely file the 29 identification information or who fails to timely notify the 30 clerk of court of any new or updated identification information 31 pursuant to subsection 2 shall be held in contempt of court and 32 punished pursuant to chapter 665. 33 4. As used in this section: 34 a. “Identification information” includes a vehicle’s make, 35 -1- LSB 5367HV (2) 89 th/ns 1/ 3
H.F. 2346 model, model year, color, and vehicle registration plate 1 number, if applicable. 2 b. “Vehicle means a motor vehicle or vehicle, as those 3 terms are defined in section 321.1, or a vessel as defined in 4 section 462A.2. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 Under current law, when a person is taken into custody for 9 certain contempt proceedings pursuant to Code section 236.11 or 10 236A.12, or arrested for domestic abuse assault, harassment, 11 stalking, sexual abuse in the first, second, or third degree, 12 or any other public offense for which there is a victim, 13 and the person is brought before a magistrate for initial 14 appearance, the magistrate must enter a no-contact order if 15 the magistrate finds probable cause that any public offense 16 or a violation of a no-contact order, protective order, or 17 consent agreement has occurred and the presence of or contact 18 with the defendant poses a threat to the safety of the alleged 19 victim, persons residing with the alleged victim, or members of 20 the alleged victim’s family. A protective order issued in a 21 civil proceeding must be issued pursuant to Code chapter 232 22 (juvenile justice), 235F (elder abuse), 236 (domestic abuse), 23 236A (sexual abuse), 598 (dissolution of marriage and domestic 24 relations), or 915 (victim rights). 25 This bill requires a defendant or respondent, as applicable, 26 to provide identification information regarding any motor 27 vehicle, vehicle, or vessel the defendant or respondent owns 28 or operates, including the make, model, model year, color, and 29 vehicle registration plate number, if applicable. A defendant 30 or respondent must also provide identification information 31 about a vehicle or vessel the defendant or respondent operates 32 in the regular course of the defendant’s or respondent’s 33 employment or occupation and a vehicle or vessel owned by or 34 registered to another person in the defendant’s or respondent’s 35 -2- LSB 5367HV (2) 89 th/ns 2/ 3
H.F. 2346 household. 1 The defendant or respondent must file the identification 2 information with the clerk of court within 10 days after 3 receiving service of the no-contact order or protective order. 4 The clerk of court must notify the court if the identification 5 information is not timely filed. 6 Following the initial filing of the identification 7 information, the defendant or respondent must provide to the 8 clerk of court any new or updated identification information 9 within five business days of the change in identification 10 information occurring. 11 A defendant or respondent who fails to timely file the 12 identification information or who fails to timely notify the 13 clerk of court of any new or updated identification information 14 must be held in contempt of court and punished pursuant to Code 15 chapter 665. 16 A person held in contempt under Code chapter 665 by a 17 district judge, district associate judge, or an associate 18 juvenile judge may be ordered to pay a fine not exceeding $500 19 or imprisoned in a county jail for up to six months, or both. A 20 person held in contempt by a judicial magistrate may be ordered 21 to pay a fine not exceeding $100 or imprisoned in a county jail 22 for up to 30 days. 23 -3- LSB 5367HV (2) 89 th/ns 3/ 3